MANGANESE ORE INDIA LTD Vs. BISEN RAJARAM

JUDGEMENT

(1.) THE petitioner is a Government Company owning manganese mines in the States of Madhya Pradesh and Maharashtra. Respondents 1 to 8 in this petition are ail workmen employed by the petitioner at bharweli Mine in Balaghat. All these respondents are unskilled workers. By Government of India notification dated 19th May 1969, the minimum rate of wage per day fixed for unskilled workers is Rs. 2. 40. This rate has been made effective from the date of the notification. The workmen filed identical applications on 17th September 1970, under section 33-C (2) of the Industrial disputes Act, 1947, before the Industrial Tribunal-cum-Labour Court, Jabalpur, for payment of arrears of wages in accordance with the rate notified by the government. The workmen complained that they have been paid less than the minimum wage. The petitioner, in reply to these applications, submitted that the workmen were supplied foodgrains at concessional price and the proportionate cash value of this benefit should be added to the wages actually paid to them. It was also submitted that the workmen were paid attendance bonus and this amount should also be added to the wages paid. According to the petitioner, if these amounts are added to the wages received by the workmen, it would be found that they had received wages in excess of the minimum wage notified by the Government. The petitioner further submitted that the issue raised by the workmen would not be considered under section 33-C (2) of the act. The Industrial Tribunal-cum-Labour Court disposed of the applications made by the workmen by a composite order passed on 12th December 1970. The Tribunal held in favour of the petitioner that it was entitled to add the proportionate cash value of foodgrains supplied at concessional rates to the workmen for the purpose of minimum wage. It was, however, held that the petitioner was not entitled to add attendance bonus to the amount of wages paid for the purpose of minimum wage. The petitioner then filed this petition under Article 226 of the Constitution for quashing of the order of the Industrial Tribunal-cum-Labour Court.

(2.) THE first question that arises for consideration is whether the amount paid as attendance bonus to the workmen should be taken into account for finding out that minimum wages as fixed by the Government were paid to the workmen. The petitioner's case is that the attendance bonus is paid to the workmen under certain agreements entered into between the management and the representatives of the workmen. It is said that according to these agreements, the bonus is payable on the condition of there being minimum attendance during the quarter of a year. The agreements have not been filed before us and we do not know as to what are their exact terms. The Government of India in a memorandum issued on 25th March 1970 took the view that the notified minimum rates of wages would not include the quarterly attendance bonus paid to the workmen. As earlier stated, the Industrial Tribunal-cum-Labour Court has also taken the same view. It is the correctness of this view that has been challenged before us.

(3.) THE definition of "wages" under section 2 (h) of the Minimum Wages act is as under :